The Double Veto - Interview with Professor Chen Fang-Yu

 Previously in May, we reported on the large pro-democracy street protests in Taipei, Taiwan, in opposition to new legislative reform bills being hastily pushed through the Legislative Yuan or parliament by the China-friendly Kuomintang Party or KMT and their smaller ally, the Taiwan People's Party or TPP.

We'd highly recommend going back and listening to our earlier episodes  - Taiwan Stands up for Democracy and Parliamentary Pandemonium and Public Protests - if you are interested in this topic.

The KMT-TPP combined majority was enough to carry the bills through parliament in May. The amendments aim to give lawmakers powers to subpoena private individuals and government officials, including the President, which could force them to hand over sensitive documents to lawmakers. The KMT and TPP say this is for better government oversight and to help combat corruption.

It also introduces a "contempt of legislature" clause which can impose fines and even prison for officials who disrespect the parliament. The latter has been heavily criticized by legal scholars who say it goes far beyond what is normal in other democratic countries.

After passing through the Legislature in May, the bills appeared before the Executive Yuan in the next step of the process.  The Democratic Progressive Party (DPP) of President Lai Ching-te opposed the legislation in the parliament. And so it was no surprise when the Executive Yuan with the approval of President Lai requested the Legislature to reconsider these amendments on the week of June 17th - effectively vetoing the legislation and arguing that it would be difficult to implement because it violated various Constitutional Interpretations around the Legislature's scope of power.

It also appears that the KMT and TPP opposition parties have put forward additional items which are under review at this time, namely, Control of Party Assets, Restoration of a pro-China TV station and a number of major transportation infrastructure projects.

On Perspectives with Neilo, our goal is to present a balanced report and we have been eager to hear from a KMT spokesperson on this topic. We've visited KMT headquarters, phoned and emailed multiple times, however, as we publish this podcast, we have not yet been granted an interview with a KMT spokesperson.

On Wednesday June 19th as the bills came back to the Legislative Yuan for review, the Bluebird Movement gathered again on the streets around the parliament despite the scorching heat and thunderstorms. We went there to talk to one of the speakers, Assistant Professor Chen Fang-Yu (@FangYu_80168) from the Department of Political Science at Soochow University in Taiwan. He told us why the protests had returned and about additional bills being proposed by the KMT that are causing concerns. 

Date of Recording: June 19th, 2024




Under Taiwan's legal system, a request for reconsideration can be overturned by a simple legislative majority. On Friday June 21st, a majority of 62 votes comprising KMT, TPP as well as two independents rejected the Cabinet's request to reconsider the amendments to the Law Governing the Legislative Yuan's power and amendments to the criminal code.

This raises the question as to what comes next.

The ruling DPP says these reforms are unconstitutional and that their next step will be to challenge them in court. Experts and analysts we've talked to have told us that an appeal to the Constitutional Court is likely and if an appeal were lodged in June, it could be September or October before a verdict may be expected.

DPP Caucus whip Ker Chien-ming (柯建銘) said that because a constitutional ruling could take some time, the caucus will also file a motion for "a preliminary injunction ruling" by the Constitutional Court to keep the amended laws from being implemented before a final ruling is delivered.

The Bluebird Movement said that their efforts would also continue in the coming weeks.

Meanwhile, the KMT has also mobilized its supporters to stage counter protests in what they are calling Blue Eagle Action.


Professor Chen Fang-Yu addresses the pro-democracy protesters outside the Legislative Yuan in Taipei on June 19th
Professor Chen Fang-Yu addresses the pro-democracy protesters at the Legislative Yuan on June 19th.



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